Nike, Inc. v. Comercial Iberica de Exclusivas Deportivas, S.A.

These consolidated appeals raise numerous challenges to the proceedings before the district court. We do not address most of these claims, however, because we find that the district court lacked subject matter jurisdiction..

I

FACTS AND PROCEDURAL HISTORY

This dispute arises from the alleged breach of several contracts between Comercial Ibéri-ca de Exclusivas Deportivas, S.A. (Cidesport) and Nike, International, Ltd. (NIL), a wholly-owned subsidiary of Nike, Inc. (Nike). 1 These contracts authorized Cidesport to act as the exclusive distributor of Nike shoes, apparel and bags in several European countries.

Nike brought these claims for breach of contract, fraud and tortious interference with prospective advantage against Cidesport, its parent corporation, and the individual corporate officers of these two corporations (collectively “defendants”). 2 Nike claims the district court had jurisdiction over this action pursuant to 28 U.S.C. § 1332 (a)(2) because the action was between a “citizen[] of a State,” Nike, an Oregon corporation with its principal place of business in Beaverton, Oregon, and “citizens or subjects of a foreign state,” the defendants, none of whom are United…